Endangering one’s life in order to help save the life of another:
The Torah commands us not to stand idle while a fellow Jews blood is being spilled, as the verse states “Lo Samod Al Dam Reiacha.” Rather, one must do all in his capability to save the person’s life. On the other hand, the Torah commands us to guard our own lives and safety and to not enter ourselves into situations of danger. A major ethical and Halachic question that is raised due to these two commands is regarding what to do when there is a conflict between them. Should one attempt to save someone’s life even in the event that doing so will enter one’s own life into danger? Does the Torah command a person to place his own life in danger for the sake of saving another person’s life or is there a prohibition involved in doing so due to the separate obligation for one to guard his health and safety? On this question lies the answer as to what should be the proper policy amongst security forces and paramedics when they are faced with such a situation. Must they enter themselves into the danger zone, such as when there is an active shooter, for the sake of saving another? Must security personnel attempt to save a hostage from his captors even if it may cause them a loss of their own lives? By which level of risks should they abstain from giving help, and by which levels of risk are they obligated to engage effort to save the life? Likewise, on this question lies the ruling regarding whether or not one may desecrate Shabbos on behalf of an individual if by doing so he will be placing his own life in danger.
The law:[1]
The Debate: Some Poskim[2] rule that it is forbidden for one to put his life in even questionable danger in order to save his friend from even certain death.[3] [In all cases one must heavily measure this matter to determine if in truth he is in questionable danger if he tries to save him.[4]] Other Poskim[5], however, rule that one is obligated to enter himself into questionable danger in order to help save his friend from definite death. [However, one is not obligated to enter himself into a definite danger for the sake of saving another from definite death. Some Poskim[6], however, rule that although there exists no obligation to do so, one is allowed to do so if he wishes, even if it will enter his life into definite danger, and hence one may choose to give up his own life for the sake of saving the life of another. Other Poskim[7] rule that there is never an obligation for one to endanger his own life for the sake of saving the life of another, even if it is only questionable danger, although he may always choose to do so if he wishes.]
The final ruling: Practically, Safek Nefashos Lehakel.[8] [Seemingly, this means as follows: Being that the matter is debated amongst the Poskim, therefore, we cannot obligate a person to endanger his life for the sake of fulfilling the mitzvah of saving the life of another, as we have a rule which states Safek Nefashos Lehakel, that whenever a mitzvah involves even questionable danger, then we are lenient. On the other hand, perhaps even according to this approach, if a person desires to endanger his life for the sake of helping another than he may do so and choose to be stringent. Whatever the case, the accepted practice, and at times obligation, amongst all security personnel is to engage in some level of danger for the sake of saving another, and the same applies (although to a lesser extent) likewise to paramedics. Thus, bottom line, although we cannot obligate one to endanger his life to help save the life of another, nonetheless, one may choose to do so if he wishes, and according to some, may even give up his own life for the sake of saving the life of another.]
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A story in the Talmud-Reish Lakish endangers his life in order to save the life of Rav Ami: It states in the Jerusalem Talmud[9] that it once occurred that Rabbi Amy was kidnapped by dangerous criminals to the point that the other rabbi stated that they had given up hope on his life as he most certainly would be killed. Reish Lakish, however, when he discovered that Rabbi Amy was taken captive, he stated that he is ready to kill or be killed in his attempt to save him. He ended up successfully negotiating with the captors until they released Rabbi Ami and he hence saved his life. [The Poskim who rule that one is obligated to enter himself into questionable danger in order to help save his friend from definite death, base it on this story in the Talmud. The dissenting authorities however claim that no proof may be brought from this story as it is possible that Reish Lakish did so out of his personal bravery and piety and not due to it being an obligation. Likewise, some are of the position that this story in the Jerusalem Talmud is not accepted in practical Jewish law, at least not as an obligation.] |
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[1] See Smeh C.M. 426:2; Imrei Yaakov 10 Likkutim 10; Encyclopedia Hilchatit Refuit Vol. 5 “Sikun Atzmi” p. 736
[2] Admur 329:8 “Although every individual is obligated to even desecrate Shabbos in order to save the life of another Jew, even if there is doubt as to whether they will be saved, nevertheless, if there is danger [involved in trying to save the Jew] one may not endanger himself in order to save his friend because [in the meantime] he is not within the range of danger. [This applies] even if one is witnessing the death of his friend and even if his danger [in trying to save him] is doubtful while his friend’s is certain, nevertheless [he is not to put himself in danger to save him].”; 2nd opinion in Admur Choshen Mishpat Hilchos Nizkeiy Haguf Vihanefesh Halacha 7 in parentheses; Issur Viheter 59:38; Elya Zuta 329:4; Smeh C.M. 426:2 based on omission of all Rishonim and Poskim [Rif, Rambam, etc.]; Agudas Eizov brought in Pischeiy Teshuvah C.M. 426, as the Bavli argues on the Yerushalmi in this; Radbaz 3:627, brought in Pischeiy Teshuvah C.M. 426; M”B 329:19; Encyclopedia Hilchatit Refuit footnote 48
[3] The reason: The reason for this is as the verse states, “You shall live by them” and not that one should come into doubt of death through fulfilling the Mitzvah of “Do not stand by the blood of your friend.” [Admur ibid]
[4] Choshen Mishpat 426:2; M”B 328:19; Shevet Halevi 8:87; See Piskeiy Teshuvos 329:9
[5] 1st opinion in Admur Choshen Mishpat Hilchos Nizkeiy Haguf Vihanefesh Halacha 7 “One who sees a friend drowning in the sea or that murderers are coming upon him and he is able to personally save him or to hire someone to help save him, then he is obligated to trouble himself to hire others to save him, and he then returns and collects the money from the victim if the victim has the money, and if not then he may not refrain from [paying to help save him], and if he does refrain from doing so then he transgresses the command of “do not idle while your friends blood is being spilled. Even to enter oneself into a questionable case of danger there are opinions who say that one must do so in order to help save his friend from definite death.” [Omitted from Admur Hilchos Shabbos ibid; This difference of ruling as well as the parentheses given by Admur in Nizkeiy Haguf is discussed by the Rebbe in Likkutei Sichos 28 p. 153 footnote 19. The Rebbe does not give any concluding stance on this subject.]; Yerushalmi Terumos 8 that so did Reish Lakish on behalf of Rav Ami; Hagahos Maimanis Rotzeiach 1:14 in name of Yerushalmi; Maharashdam Y.D. 204; Radbaz Leshonos Harambam 1582; Smeh C.M. 426:2 based on Yerushalmi; Kesef Mishneh Rotzeiach 1:14; Beis Yosef C.M. 426; Chavos Yair 146; Chidushei Chasam Sofer Kesubos 61b; Aruch Hashulchan C.M. 426:4; Encyclopedia Hilchatit Refuit footnote 9 and 46
[6] Halachos Ketanos 1:229; Mishpat Kohen 143
[7] Sefer Chassidim 674; Radbaz 3:627; Agudas Eizov brought in Pischeiy Teshuvah C.M. 426; Encyclopedia Hilchatit Refuit footnote 48
[8] Conclusion of Admur in Choshen Mishpat Hilchos Nizkeiy Haguf Vihanefesh Halacha 7 in parentheses
[9] Yerushalmi Terumos 8
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